In fact, most balanced leases have
a mutual release clause.
Not exact matches
There's no «only»
clause in there, so it doesn't prevent them from making other changes other ways, and it wouldn't invalidate a
mutual agreement to
release from liability for prior breaches.
So the next time you are representing a buyer who are using conditions to protect themselves in the offer, I implore you to provide the buyer with full disclosure as to the possible risks that they may be taking if the seller refuses to sign a
mutual release of the deposit or maybe you might just consider using my
clause to ensure they get their deposit back in case the conditions are not met!
This
clause gives the listing brokerage the right to return the deposit without a
mutual release, thereby taking the Seller's power (malice, discontent, revenge seek to punish) away.
See also this very similar prior Q&A dated Feb 18, 2013 which asks about a
clause to be added to the APS to protect the seller — Question: Can an additional
clause in a Schedule to the APS create an exception to the rule that if the deal doesn't close client money can only be
released from a brokerage's trust account by a
mutual release being signed by both parties or by a court order?
Can this
clause override the rule that a brokerage can not
release client funds from its trust account without a
mutual release or a court order?
I don't understand the
mutual release requirement because the conditional
clause says that this is for the benefit of the buyer and funds are to be returned to the buyer if the conditions are not met.